First Time DUI Offenders Required To Install Breathalyzer
The Columbus Dispatch just published an article (see video above) about the first time DUI breathalyzer bill. If “Annie’s Law” is passed by the Ohio legislature, it will require first time offenders to put an in-car breathalyzer in their car before they will be allowed to drive. People who are not yet convicted and presumably innocent until “proven” guilty will face yet another mandatory penalty. The law now allows judges to order the ignition interlocks, but the House bill would make their use mandatory. Under current law, only offenders convicted twice within six years must use the devices. This is another example of the Ohio legislature making tough DUI laws even more harsh.
People arrested for a first time DUI offense would be required to lease the interlock devices, which cost $70 to $150 to install. A $60 to $90 monthly fee includes downloading data to see if a failed breath test prevented the car from starting. “For the first time it’s going a little too far, said Danny Moore of Dayton. It seems really unfair to me. It seems like a waste of money for someone who just made a mistake, agreed Mary Damar of Dayton.” Regular readers of this blog have been on notice of this bill since it was announced as a MADD priority years ago. (See May 22, April 2, and March 10).
The loudest voice is the American Beverage Institute, which disagrees with states that force first time offenders to install Ignition Interlock citing the fact that repeat offenders cause the vast majority of alcohol related fatalities. Interlock search devices are used in all 50 states and the District of Columbia. However, states vary widely in how the ignition interlock devices are used and which drivers are required to install them. In West Virginia, for example, interlock devices are only ordered at a judge’s discretion while Michigan mandates their use for drivers who are found with a BAC more than twice the state’s legal limit. In Ohio, ignition interlock devices are required for any driver accused of a second OVI (drunk driving) offense and are otherwise discretionary to the judge. NHTSA and MADD want to eliminate these discrepancies and urge the adoption of a model rule which covers first-time offenders with a BAC just over the legal limit and would require the installation of ignition-preventing interlock search devices on hundreds of thousands more vehicles. Currently, only 20 states require the devices for anyone convicted of a drunken driving-related offense.
Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Miami Valley and throughout Ohio. He has the credentials and the experience to win your case and has made himself Dayton’s choice for drunk driving defense. Contact Charles Rowland by phone at (937) 318-1384 or toll-free at 1-888-ROWLAND (888-769-5263). If you need assistance after hours, call the 24/7 DUI Hotline at (937) 776-2671. You can have DaytonDUI at your fingertips by downloading the DaytonDUI Android App or have DaytonDUI sent directly to your mobile device by texting DaytonDUI (one word) to 50500. Follow DaytonDUI on Facebook, @DaytonDUI on Twitter, YouTube, Tumblr, Pheed and Pintrest or get RSS of the Ohio DUI blog. You can email CharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324. “All I do is DUI defense.”
To schedule a free DUI consultation for a first time DUI, check these city-specific sites at the following links:
Keywords in this article include: First Time DUI Offenders, Breathalyzer, Ignition Interlock Device, Annie’s Law